Безусловното осъждане на „условното осъждане”
Nonconditional Sentencing of the„ConditionalSentencing“

Author(s): Ralitsa Kostadinova
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Criminal Law, Sociology, Penology
Published by: Нов български университет
Keywords: Convicted Persons; Criminal Law; Probation Period; Suspended Execution of Punishment; Suspended Sentence
Summary/Abstract: The report explores the meaning of the term „conditional sentencing “. The established understanding of the term is to mean suspended execution of imposed punishment. Major part of the survey focuses on the conflict between the implied meaning that the term linguistically brings up of purely conditional and even missing element of a punishment itself and the true legal nature of this important Criminal law institute. The paper further discusses some of the legal consequences for the so called „conditionally convicted persons“ that give ground to assert that what we have is a clearly penal treatment. The report draws attention to the conclusion that the state makes use of the suspended sentence as a tool to enforce its corrective and preventive criminal law policy.

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